DUE DILIGENCE DELIVERIES BY SELLER. Buyer acknowledges that Seller prior to the date of this Agreement has provided to Buyer copies of, or access to, the items identified on EXHIBIT C attached hereto and that such items are the only items that Buyer has requested from Seller for Buyer's examination and review of the Property and all aspects thereof.
DUE DILIGENCE DELIVERIES BY SELLER. Seller must have provided Buyer copies of the following items no later than ten (10) days after the date of Seller's receipt of the Escrow Notice from Escrow Agent (collectively, "Seller's Due Diligence Deliveries"): (a) a Commitment for Title Insurance for the Property dated no earlier than May 20, 1997, and issued by Escrow Holder as agent for Commonwealth Land Title Company (the "Title Company"), together with legible copies of all documents referenced therein (the "Title Commitment"), (b) any survey of the Property currently in Seller's possession or control, (c) current annual real estate and personal property tax bills, (d) copies of all plats, plans, specifications, architectural drawings and engineer's drawings related to the original construction or structural repairs, if any, of the Property currently in Seller's possession or control, (e) year-ending 1995 and 1996 operating statements and, to the extent available, monthly operating statements for 1997 (collectively, the "Operating Statements"), (f) the most recent rent roll identifying the rental income, security deposit, term of the lease, expiration date and status of the tenant (the "Rent Roll"), (g) all licenses and permits relating to the use or occupancy of the Property, (h) any service or maintenance contracts, including, without limitation, laundry, cable television, yellow pages, landscaping, security and refuse removal contracts relating to the Property (collectively, the "Service Contracts"), (i) all soils reports and environmental studies of the Property currently in Seller's possession or control, and (j) a copy of the standard form of resident lease. During the Due Diligence Period, Seller will make available at the Property to Buyer copies of any and all leases affecting the Property. Seller's Due Diligence Deliveries shall be accompanied by a list describing the same and Buyer shall sign said list attesting to its receipt of all of Seller's Due Diligence Deliveries. Seller acknowledges that Buyer is a public entity and therefore Buyer may be required to furnish financial statements to the Securities and Exchange Commission in connection with this acquisition. Seller agrees to make available to Buyer, upon Buyer's reasonable request therefor, operating statements and other financial information with respect to the last twelve (12) months of operations of the Property so that Buyer may prepare, at Buyer's sole cost and expense, a report that is in compliance with accounting regulat...
DUE DILIGENCE DELIVERIES BY SELLER. Buyer hereby acknowledges that Buyer has received from Chicago Title Company ("Title Company") prior to the Effective Date, that certain preliminary title report issued by Title Company, dated as of November 21, 2002, and identified as Order No. 23038780, incorporating the legal description of the Property (as Parcels 3 and 4 thereof) together with legible copies of all documents referenced therein and all easements described therein plotted as part of such report (the "Preliminary Report"). Within ten (10) days following the date hereof, Buyer shall cause the Preliminary Report to be modified to describe the Real Property only. Buyer further acknowledges prior receipt of plans, drawings, specifications and renderings of the Property, as well as Seller's most current as-built ALTA survey of the Property
DUE DILIGENCE DELIVERIES BY SELLER. Buyer hereby acknowledges that Buyer has received from Chicago Title Company ("Title Company") prior to the Effective Date, that certain preliminary title report issued by Title Company, dated as of November 21, 2002, and identified as Order No. 23038780, incorporating the legal description of the Property (as Parcels 1 and 2 thereof) together with legible copies of all documents referenced therein and all easements described therein plotted as part of such report (the "Preliminary Report"). Within ten (10) days following the date hereof, Buyer shall cause the Preliminary Report to be modified to describe the Real Property only. Buyer further acknowledges prior receipt of plans, drawings, specifications and renderings of the Property, as well as the as-built ALTA survey dated August 6, 1998, which is the most current ALTA survey of the Real Property prepared for Seller. No later than ten (10) business days following the Effective Date, Seller will to the extent, known by Seller and/or to the extent in Seller's possession or reasonably obtainable by Seller, provide Buyer with a copy of the following documentation ("Due Diligence Deliveries") regarding the Property:
DUE DILIGENCE DELIVERIES BY SELLER. On or prior to the Effective Date, Seller provided Buyer copies of, or access to, all title information, surveys, environmental reports, physical inspection reports, warranties, permits, copies of all leases and contracts affecting the Property, engineering reports, current operating statements, current tax bxxx, insurance policies (including statements of premium due), the Existing Loan Documents (as hereinafter defined), utility bills and any and all other pertinent data which it has in its possession or control, including without limitation those items received from the immediate predecessor-in-title to the Property in connection with Seller’s due diligence investigation of the Property (collectively, the “Due Diligence Items”) for review by Buyer. Except as expressly provided in this Agreement, Seller makes no representation whatsoever regarding the accuracy or completeness of any of the Due Diligence Items delivered to Buyer pursuant to this Section.
